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AMERICAN MFRS. M. I. CO. v. AMERICAN BROADCASTING-PARA. TH.

No. 133, Docket 31528.

388 F.2d 272 (1967)

AMERICAN MANUFACTURERS MUTUAL INSURANCE COMPANY, American Motorists Insurance Company, Federal Mutual Insurance Company and Lumbermens Mutual Casualty Company, Plaintiffs-Appellants, v. AMERICAN BROADCASTING-PARAMOUNT THEATRES, INC., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 15, 1967.

Attorney(s) appearing for the Case

John W. Castles, 3d, New York City, (Lord, Day & Lord, Wendell Davis, Jr., New York City, of counsel), for plaintiffs-appellants.

Clarence Fried, New York City, (Hawkins, Delafield & Wood, Robert G. Desmond, New York City, of counsel), for defendant-appellee.

Before FRIENDLY, KAUFMAN and ANDERSON, Circuit Judges.

KAUFMAN, Circuit Judge:

Several insurance companies generally known as the Kemper Insurance Companies group [Kemper], the appellants here, instituted this action on May 23, 1963 against American Broadcasting-Paramount Theatres, Inc. [ABC] seeking a declaratory judgment that a television sponsoring agreement between Kemper and ABC constituted a tie-in which violated Section 1 of the Sherman Act, 15 U.S.C. § 1. The complaint, inter alia, sought treble damages...

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